Thank you, Mr. Speaker.

Post-Secondary Education Advisory Committees

The Standing Committee determined that the description of the creation and functioning of the quality assurance Advisory Committees and assurance bodies in the Post-Secondary Education Act is unclear.

When the PSE Act was created as Bill 48 in the 18th Assembly, our predecessor Standing Committee on Social Development made the following observations regarding Advisory Committees in its report on the Bill:,

• That Bill 48 was unclear about the role of the Advisory Committees in the quality assurance process, as was the distinction between the work of an advisory committee and that of a quality assurance body.
• That as appropriate, the Department will use “homegrown" Advisory Committees, including for applications for recognition as an Indigenous institution, and in other instances that may draw on the expertise of quality assurance bodies established elsewhere.

Section 7 allows the Minster to establish more than one advisory committee. Bill 39 ensures the Minister follows regulations when appointing committee members (subsection 7(2)). In the current PSE Act, the Post-Secondary Advisory Committee is intended to provide reviews of Post-Secondary institutions operating in the NWT. However, the Act does not explain the difference between the Post-Secondary Advisory Committee and other quality assurances bodies. For Bill 39, the intent for changes to the language around Advisory Committees was to clarify the role of the Advisory Committee as a quality assurance body for non-degree-granting institutions, with further clarification to be set out in regulations.

Committee posed several questions on the work of the Post-Secondary Education Advisory Committee in correspondence with the department and learned that the Post- Secondary Education Advisory Committees carry out reviews and then advise the Minister after the reviews are complete, as is common practice across Canada. The Advisory Committees will review applications, develop recommendations, advise on findings, seek input from subject matter experts specific to the application under review, compile the information, and provide advice and recommendations to the Minister of Education, Culture and Employment, but have no decision-making authority.

The Department informed the Standing Committee that the Terms of Reference for the Post-Secondary Education Advisory Committees would be completed when the Quality Assurance Regulations are drafted.

The Standing Committee found subsection 7(1)(b) challenging as it was positioned under the topic of quality assurance and did not refer to quality assurance but to administration. This was seen as a disconnect between the intention and what is expressed in the bill. The resulting creation of a very broad decision-making power was a concern for the Standing Committee.

Consequently, the Standing Committee developed Motion 1 to clarify that the focus of the Advisory Committee is on matters of quality assurance. The motion, as set out in Appendix 2, replaces paragraphs 7(1)(b) and (c) and relates both to quality assurance. Motion 1 includes a new subsection 7(2.1) requiring the Minister when appointing members,

to "make a reasonable effort to include members who reflect the unique and diverse values, histories and people of the Northwest Territories".

The Standing Committee had included this exact requirement for the Board of Governors when selecting members of the Indigenous Knowledge-Holders Council. This change was made via motion changing subsection 21(3) in review of Bill 30: An Act to Amend the Aurora College Act. We understand this change as contributing to ensuring consistency in legislation related to the Aurora College transformation toward a polytechnic university.

Affirmative Action

Members of the Standing Committee feel strongly about affirmative action and want to be ensured that Post-Secondary Education Advisory Committees have appropriate Indigenous representation. In communication, the Department had maintained that it prefers flexibility in the composition of quality assurance Advisory Committees. We learned that depending on the type of institution applying, the composition of the Advisory Committees could change.

For example, with a review of an aviation school, such Advisory Committee would likely include membership from within and the outside of the GNWT, and likely aviation experts. In addition, the quality assurance process for Indigenous institutions will require an Advisory Committee under section 7 of the PSE Act. It is anticipated that such a committee would have significant Indigenous membership.

To this effect, Standing Committee developed Motion 2 requiring a minimum of Indigenous members to the Advisory Committee. This motion is captured in Appendix 2 and adds 7(2), stating that "at least one-half of the members appointed by the Minister to an Advisory Committee under subsection (2) must be Indigenous residents of the Northwest Territories".

Thank you, Mr. Speaker. I will now pass it over to the Member for Monfwi.